House of Commons Debates — Tuesday, May 5, 2015 (Sitting 207, 41st Parliament, 2nd Session) — VOLUME 147

2015-05-05 / Sitting 207 / 41-2 / E

House of Commons Debates

House of Commons Debates — Tuesday, May 5, 2015 (Sitting 207, 41st Parliament, 2nd Session) — VOLUME 147

2015-05-05 / Sitting 207 / 41-2 / E

House of Commons Debates

13425 OFFICIAL REPORT (HANSARD) House of Commons Debates VOLUME 147 NUMBER 207 2nd SESSION 41st PARLIAMENT Tuesday, May 5, 2015 Speaker: The Honourable Andrew Scheer HOUSE OF COMMONS CANADA (Table of Contents appears at back of this issue.) COMMONS DEBATES May 5, 2015 DEBATES Edited Hansard * Table of Contents * Number 207 (Official Version) Official Report * Table of Contents * Number 207 (Official Version) Compte rendu officiel * Table des matières * Numéro 207 (Version officielle) 147 207 05 05 2015 2015/05/05 10:05:00 House of Commons Débats de la Chambre des communes House of Commons Debates 41 2 The House met at 10 a.m.

Prayers ROUTINE PROCEEDINGS Routine Proceedings (1005) [ English ] Government Response to Petitions Hon. Greg Rickford (Minister of Natural Resources and Minister for the Federal Economic Development Initiative for Northern Ontario, CPC) : Mr. Speaker, pursuant to Standing Order 36(8) I have the honour to table, in both official languages, the government's response to 12 petitions.

Anti-terrorism Act, 2015 Hon. John Duncan (Minister of State and Chief Government Whip, CPC) : Mr. Speaker, I move: Motion That, notwithstanding any Standing Order or usual practice of the House at the conclusion of the debate later today on Bill C-51,

an act to enact the security of Canada information sharing act and the secure air travel act, to amend the Criminal Code, the Canadian Security Intelligence Service Act and the Immigration and Refugee Protection Act and to make related and consequential amendments to other Acts , all questions necessary to dispose of the third reading stage of the said bill be deemed put and a recorded division deemed requested and deferred until Wednesday, May 6, 2015, at the expiry of the time provided for government orders. I believe you will find unanimous consent for that motion.

The Speaker : Does the hon. member have the unanimous consent of the House to propose this motion? Some hon. members: Agreed. The Speaker: The House has heard the terms of the motion. Is it the pleasure of the House to adopt the motion? Some hon. members: Agreed. (Motion agreed to)

Petitions Iraq Mr. Leon Benoit (Vegreville—Wainwright, CPC) : Mr. Speaker, I have two petitions today. The first is from constituents and others who have asked our government to give serious consideration to offering protection to Christians who are being the special targets of persecution in Iraq by putting in place a special program to bring these Christians into Canada if they would like to come.

Sex Selection Mr. Leon Benoit (Vegreville—Wainwright, CPC) : Mr. Speaker, the second petition is to do with gender selection abortion. The petitioners ask Parliament to condemn the practice of discrimination against girls through gender selection abortion.

Public Transit Mr. Matthew Kellway (Beaches—East York, NDP) : Mr. Speaker, I am very pleased to rise today to present three petitions to the House. The first petition calls for a national public transit strategy noting that Canada is the only OECD country that does not have such a strategy and it calls upon the House to provide a permanent investment plan to support public transit in Canada.

The Environment Mr. Matthew Kellway (Beaches—East York, NDP) : Mr. Speaker, the second petition is with respect to the issue of climate change, noting that the economic costs of climate change to Canada range between $21 billion and $43 billion. The petitioners call on the House to allocate scarce resources to programs that help Canadians adapt to climate change.

Peace Tax Mr. Matthew Kellway (Beaches—East York, NDP) : Mr. Speaker, the third petition is with respect to a peace tax legislation. The petitioners note that the Constitution guarantees freedom of conscience and religion. The signatories to the petition call on the House to establish a peace tax by passing into law a bill such as the conscientious objection tax.

[ Translation ] CBC/Radio-Canada Ms. Elizabeth May (Saanich—Gulf Islands, GP) : Mr. Speaker, it is an honour to rise today to present three petitions. The first petition has to do with Canada's public broadcaster. These Nova Scotian citizens want Parliament to establish a system to ensure that our public broadcaster, Radio-Canada/CBC, can have a sustainable future.

[ English ] Public Safety Ms. Elizabeth May (Saanich—Gulf Islands, GP) : Mr. Speaker, I have two different petitions from two different parts of Canada. They are both identical and pertain to Bill C-51 . The first petition is from residents throughout Vancouver Island. Over 140 petitioners from Campbell River, Duncan, Comox and Victoria call on the House assembled to reject Bill C-51 as an assault on Canadian constitutional rights. The second group of petitioners, just shy of 170, from throughout the GTA, are all calling for the House to reject Bill C-51.

Impaired Driving Mr. Mark Warawa (Langley, CPC) : Mr. Speaker, I am presenting a petition that, sadly, informs the House that Karen East was tragically killed by a drunk driver, a person who chose to drive while impaired. The East family has been left devastated. Families for Justice is a group of Canadians who have lost loved ones to an impaired driver. The petitioners believe that impaired driving laws in Canada are much too lenient. They want the crime to be called what it is, “vehicular homicide”, which is the number one cause of death in Canada. They want mandatory sentencing for those convicted of impaired driving causing death.

Pharmacare Mr. Bruce Hyer (Thunder Bay—Superior North, GP) : Mr. Speaker, I have two petitions to present today. The first petition is with respect to national pharmacare. It is from various communities and people throughout the Thunder Bay—Superior North riding. The petitioners basically want three things. They want to establish a Canada-wide prescription drug program that would cover all citizens; they want to reduce the cost of prescription drugs through bulk buying by the government; and, they want to ensure that all new drugs are evaluated through sufficient evidence-based research.

(1010) Nuclear Waste Mr. Bruce Hyer (Thunder Bay—Superior North, GP) : Mr. Speaker, the second petition is also from various communities and people in Thunder Bay—Superior North and northwestern Ontario, including Schreiber, Nipigon and Manitouwadge. The petitioners are concerned that the Nuclear Waste Management Organization is planning or hoping or at least considering burying nuclear waste in northern Ontario. They would not like that to happen and they would not like to have high-level nuclear waste transported through northern Ontario communities.

International Trade Mr. Don Davies (Vancouver Kingsway, NDP) : Mr. Speaker, I have a petition signed by dozens of Vancouver residents, many in Vancouver Kingsway , who are concerned about the shipment of illegal whale meat through Canadian ports. It has been discovered this happened last year. Since 1972, Canada has banned commercial whaling in Canadian waters and Canada is signatory to the Convention on International Trade in Endangered Species which has listed the fin whale and other endangered whales under the category requiring the highest level of protection against commercial trade.

The petitioners are calling upon the Canadian government to join with the U.S. and Germany to take concrete action to prevent the trade of endangered whale meat in our respective territories and for Canada to be an international leader in protecting all endangered species.

Questions on the Order Paper Hon. Greg Rickford (Minister of Natural Resources and Minister for the Federal Economic Development Initiative for Northern Ontario, CPC) : Mr. Speaker, Question No. 1115 will be answered today. [ Text ] Question No. 1115-- Hon. John McCallum : With regard to government communications: for each message event proposal prepared since January 1, 2014, (

a) what is the (

i) originating department, agency, or crown corporation, (ii) date, (iii) file number, (iv) title or description of the event, (

v) event type, (vi) desired headline, (vii) key messages, (viii) media lines, (ix) strategic objectives, (

x) desired soundbite, (xi) ideal speaking backdrop, (xii) ideal event photograph, (xiii) tone, (xiv) attire, (xv) rollout materials, (xvi) background, (xvii) strategic considerations; and (

b) for each message event proposal, did the message event take place, (

i) if so, what was the date and location of the message event, (ii) if not, why not? Mr. Paul Calandra (Parliamentary Secretary to the Prime Minister and for Intergovernmental Affairs, CPC) : Mr. Speaker, many message event proposals are submitted in the language of origin only. Producing and translating the information requested would involve thousands of records and is not possible in the time period required for this response. [ English ] Questions Passed as Orders for Returns

Hon. Greg Rickford (Minister of Natural Resources and Minister for the Federal Economic Development Initiative for Northern Ontario, CPC) : Mr. Speaker, if Questions Nos. 1116 to 1118 could be made orders for return, these returns would be tabled immediately. The Speaker: Is that agreed? Some hon. members: Agreed. [ Text ] Question No. 1116-- Hon. Wayne Easter : With regard to the Canadian Police Information Centre (CPIC) and the Canadian Criminal Real-Time Identification Services (CCRTIS): broken down annually since 2006, (

a) what is the detailed budget for CPIC and CCRTIS; (

b) how many Criminal Record checks have been submitted to CPIC and CCRTIS; (

c) how many Criminal Record checks have been processed; (

d) how many Criminal Record checks have been backlogged; (

e) how many Vulnerable Sector checks have been submitted to CPIC and CCRTIS; (

f) how many Vulnerable Sector checks have been backlogged; (

g) what is the average processing time for Criminal Record checks; (

h) what is the average processing time for Vulnerable Sector checks; and (

i) how many staff have been employed to work on CPIC and CCRTIS? (Return tabled) Question No. 1117-- Hon. Wayne Easter : With regard to federal correctional facilities: (

a) what is the prison population of each such facility; (

b) what is the maximum inmate capacity of each such facility; (

c) what was the number of correctional officers and personnel at each such facility in each of the last ten years; and (

d) what was the prison population of each such facility in each of the last ten years? (Return tabled) Question No. 1118-- Mr. Charlie Angus : With respect to proposals for the mid-sized-projects component of the Enabling Accessibility Fund submitted to Human Resources and Skills Development Canada for the period from October 2010 to January 13, 2011: (

a) what is the name and the sponsoring organization for each of the 167 proposals that met the initial screening criteria; (

b) what were the internal assessment scores of the Department for each proposal; (

c) what was the Department's passing grade for the internal assessment of each proposal; and (

d) what were the top 25 proposals selected for the external evaluation team? (Return tabled) [ English ] Hon. Greg Rickford : Mr. Speaker, I ask that the remaining questions be allowed to stand. The Speaker: Is that agreed? Some hon. members: Agreed.

GOVERNMENT ORDERS Government Orders [ English ] Anti-terrorism Act, 2015 Hon. Steven Blaney (Minister of Public Safety and Emergency Preparedness, CPC) moved that Bill C-51,

An Act to enact the Security of Canada Information Sharing Act and the Secure Air Travel Act, to amend the Criminal Code, the Canadian Security Intelligence Service Act and the Immigration and Refugee Protection Act and to make related and consequential amendments to other Acts , be read the third time and passed. Bill C-51. Third reading He said: Mr. Speaker, today as we enter the final debate after months of discussion and amendment that have been brought to the anti-terrorism bill, I am convinced more than ever that our country needs this bill. Our country needs tools for our police and those who are there to protect us and to keep us safe. To begin today, I would like to quote from an

article that was written in the National Post last week by Danny Eisen. He is the co-founder of the Canadian Coalition Against Terror, and lost a relative on the American Airlines flight on 9/11. Some hon. members: Oh, oh! Mr. Steven Blaney: Mr. Speaker, I would invite the opposition members to listen to this important speech for the safety of our nation and to feel free to comment afterward during their period for questioning, and to show respect for someone who stands up for our country and who actually lost someone from

an act of terrorism. I know the opposition members have a hard time calling a spade a spade, but in this very place on October 22 we were under attack by a terrorist. Let me go back to my speech and quote Mr. Eisen. I thank him for coming to this Parliament in support of those important measures.

I would invite those members who seem not to take the terrorism issue seriously to listen to what he said and what was written last week in the National Post : The assaults on the World Trade Center; the slaughter in India’s business centre [in] Mumbai; the thwarted plans of the Toronto 18 (which included an attack on Toronto’s business district [here in Canada]); and the attacks on Kenyan malls, to name a few, were designed, not only to kill, but to target countries by undermining their economies. Members have heard me many times saying that there is no liberty without security.

I would add that there is no prosperity without security. That is why we are now being given the opportunity to support those anti-terrorism measures.

This morning, I am given the opportunity to present them, and I would like to thank my colleague, the Leader of the Government in the House of Commons , who is the member for York—Simcoe , as well as my Conservative colleagues who have been supportive through this journey where, since October 22, we have crafted measures that are specifically designed to face the international jihadi threat that our country is facing. (1015) [ Translation ] Through its actions and commitments, our government has demonstrated that it will stand up to those who want to spread fear, and that it will respond in a measured fashion.

It will not remain idle against this threat. That is why we introduced measures to combat terrorism. One of the first measures came from the recommendations made following the most serious terrorist-inspired aviation disaster Canada has ever experienced, the Air India crash. We are responding to a recommendation that was made at the time to allow the various federal government agencies to share information related to national security. That is why we want to move forward with the security of Canada information sharing act.

This legislation proposes much-needed changes to how federal departments and agencies can share information that could be crucial in identifying potential threats to national security. [ English ] Some critics have falsely claimed that this legislation would target protesters or would drastically expand the size and scope of the government. This is not the case.

Let me quote Justice John Major, the author of the Air India commission report, who said, “...citizens who are not validly under suspicion will not have some manufactured reason for their private lives to be interfered with”. [ Translation ] Our government organizations have always complied with privacy laws, as well they should. However, it has become very clear that legal impediments to information exchange can, in some cases, interfere with the government's ability to detect national security threats.

The question is simple: are we going to let terrorists use the fact that the government operates in silos to attack Canadians? The answer is clear: no. We are doing this while respecting people's privacy and the Constitution and by giving federal agencies the ability to share information that could threaten national security. I would like to point out that in the amendments to the bill, it was made clear that protesters will not be affected by this ability to exchange information. The threats we are facing today are increasingly diverse and complex.

It is time we implemented a stronger security framework that will enable information exchange in support of our national security objectives. We know that government organizations will wield these powers responsibly, with respect for privacy and security, and in accordance with Canadian laws. (1020) [ English ] What is more, there are appropriate mechanisms already in place that would counterbalance the new authority created by this act, such as review by the Privacy Commissioner and the Auditor General. I will turn now to the second improvement to the bill, the passenger protect program.

There are two significant changes in this regard. The first is to put the program on its own solid, legal foundation—namely, the secure air travel act. [ Translation ] As the House has heard, so far the program has been operating under the authority of the Aeronautics Act because it has been used solely as a tool to ensure air security. Its current mandate is to identify individuals likely to pose a threat to air security and take measures to counter that threat, such as preventing them from boarding an aircraft.

Basically, right now, if a person wants to attack a plane, the law makes it possible to put that person on a high-risk passenger list and prevent him from boarding a plane. However, if we are in a situation such as the one we saw a few weeks ago, when some young Montrealers wanted to fly to the Middle East to commit terrorist acts, and that information comes to the attention of the relevant agencies, this law will make it possible to prevent them from boarding a plane. People leaving the country to commit terrorist acts is anathema to Canadian values.

Moreover, if they return to Canada, they pose an even greater threat to our national security. [ English ] Jihadi terrorist travellers are now an increasing threat, both to populations abroad and to Canadians, if and when these jihadi extremists return home to Canada as hardened jihadi warriors.

That is the reason why we need to improve our current law; that is what our anti-terrorism measures are doing; and that is why I certainly invite all members to reconsider their position and support this important legislation. [ Translation ] This will strengthen our ability to respond to this growing concern by giving the authorities the ability to take action in cases where it is not yet possible to arrest people and lay charges.

This broader mandate will necessitate the use of appropriate security measures, such as refusing permission to board or carrying out additional inspections at the airport. [ English ] Of course these changes are supported by the airline industry. Let me quote Marc-André O'Rourke of the National Airlines Council of Canada, who said that they: ...understand the need to update Canada's passenger protect program in light of the evolving nature of security threats, and we continue to support the program under...

Bill C-51 , our anti-terrorism measures, which are so needed to increase the capability of our police and our intelligence officers to keep us safe from those threats. Additionally, this bill would make an important enhancement to the mandate of CSIS. CSIS is the Canadian Security Intelligence Service, whose members are there to protect us. We want to help them have better tools to fight the modern terrorist threat. [ Translation ] At this time, the Canadian Security Intelligence Service's role is strictly limited to collecting intelligence concerning threats to our security.

CSIS has been doing this in a very professional manner for over 30 years now. It collects intelligence and forwards it to the Canadian government. CSIS investigators do this by conducting their activities in Canada and abroad. As a result, they are often the first to detect threats to the security of Canada. They are at an early stage of the process, which makes it possible to detect security threats, particularly terrorist threats. However, as we speak, they have neither the mandate nor the legal authority to take action to disrupt threats that come to their knowledge in the course of their investigations.

I had the opportunity to clarify that the Canadian service is practically the only one among our allies that is unable to exercise this capacity to reduce the threat and take action early on to avoid unfortunate, if not disastrous or fatal, consequences. (1025) [ English ] Frankly, this limitation results in important missed opportunities to disrupt threats early, before they have had time to develop. It also neglects the full potential of CSIS' expertise at a time when we can least afford it. Let me remind members of what Dr.

Zuhdi Jasser, President of American Islamic Forum for Democracy said: It is amazing to me that...disrupting...is...[currently] prohibited. Disrupting doesn't mean arresting these individuals or violating their personal property rights or taking them out of commission. You're actually just disrupting a plot. Many Canadians believe that CSIS could do this, while it cannot. However, with this bill, CSIS would be able to disrupt the threat, like any other similar agency of our allies.

Its officers will also be able, for example, to talk to the parents of young individuals who are lured by radicalization, to prevent them from falling into that path, even at a pre-criminalization sphere. That is an important part of the bill that addresses the four pillars of our counter-terrorism strategy, the first of which is prevention.

Anyone who would be willing to support prevention measures when talking about radicalization has a very good reason to support and be in favour of this bill, because CSIS officers will be able to disrupt this threat at an earlier stage. [ Translation ] These officers are another real example to show that the measures of the bill are sensible, reasonable and balanced. We currently have these resources and these officers, but they are prohibited by legislation from carrying out these actions.

We are going to enshrine in law the capacity of service officers to act and, should there be a violation of privacy or rights, the officers, much like police officers in Canada have been doing for decades, can seek a warrant from a judge, who will have the latitude to authorize, modify or even refuse the requests. Contrary to the many misleading statements that have been made in recent weeks and months, there is nothing really new in Canada, particularly since provisions already exist that allow the Canadian Security Intelligence Service and police forces to routinely gather intelligence.

Do those who are opposed to these provisions lack confidence in our justice system? Do they lack confidence in Canadian judges? Are they questioning our judges' independence and skills? We need to ask them that. On this side of the House, we have confidence in our institutions, and we have complete confidence that Canadian judges will be able to continue to do what they have been doing for intelligence officers and police for decades with regard to intelligence gathering.

It is also clear in the bill that some activities, such as those that could cause death or bodily harm, are prohibited and will never be authorized or undertaken. It is important to remember that CSIS has been serving Canadians for 30 years. It is also important to remember that CSIS and its activities are very closely scrutinized by another Canadian body that is the envy of the world, the Security Intelligence Review Committee. The SIRC is an extension of parliament. During the debate, we heard some parliamentarians express the desire to address security issues. They can do that here.

We have a security committee where parliamentarians are free to call any witnesses they see fit to call. They can also do that in the Senate. As we saw earlier, there is the Privacy Commissioner and the Auditor General. It is important to remember that other countries do not have the same model as Canada, which allows access to the field of operations. Other oversight bodies where parliamentarians are sometimes involved are only able to meet with senior officials and do not have the opportunity to observe what is happening on the ground.

The Supreme Court recognized this model as one that strikes a balance between rights and national security. Today and in the days ahead, parliamentarians will have the opportunity to rise and take action to ensure that those who protect us have the tools they need. For example, we are going to criminalize the promotion of terrorism. We have had hours of debate. I want to thank all of the witnesses who testified in committee and who spoke so eloquently, like Louise, the sister of Warrant Officer Patrice Vincent, who came to tell us that Canada needs Bill C-51 .

Let us step up and not disappoint Canadians, who expect us to protect them from the terrorist threat.

(1030) That is exactly what the measures before us in the House today do. [ English ] Mr. Randall Garrison (Esquimalt—Juan de Fuca, NDP) : Mr. Speaker, I am extremely disappointed that the minister launched this third reading debate with an attack on the opposition by saying that somehow we are not concerned about terrorism.

As one whose partner lost one of his best friends in the plane that went from Boston into the twin towers, and as one whose own mother was on a plane that day and we did not find out for many hours whether she was safe, and as one who has worked in international human rights where some of my best friends have been killed by terrorism, I resent the remarks of the minister saying that because we disagree with him, we somehow do not take terrorism seriously.

There are other members in this caucus who had friends and acquaintances who were on the Air India flight that was bombed, which was one of the largest terrorist attacks. I take great exception to the minister's remarks that we do not either understand or take terrorism seriously. The minister cited witnesses and he likes to cite partially what witnesses said at committee. By my count, there were 45 out of the 48 witnesses at committee, including the government's witnesses, who said that Bill C-51 was flawed. He likes to cite Justice John Major.

John Major said in answer to a very specific question that the bill was incomplete without additional oversight. The minister also likes to cite Raheel Raza from the Council for Muslims Facing Tomorrow. She said that the bill needed better oversight for SIRC and appropriate limits on CSIS' disruption powers. Why is it that the minister cannot take seriously the people who have come forward in good faith and said that this bill was flawed and that while we need to do something about terrorism, we also need to make improvements and changes?

Why have the Conservatives rejected all 112 opposition amendments to this bill? Hon. Steven Blaney : Mr. Speaker, in my comments I was referring to an

article printed in the National Post when I heard heckling from the other side of the House. Let me finish quoting what Danny Eisen, the co-founder of the Canadian Coalition Against Terror, said: Put plainly by Osama Bin Laden, “The enemy can be defeated by attacking its economic centre.” This tenet was evidenced just recently by threats from Somali terrorists — not against synagogues, churches or MPs — but against malls in England, the U.S. and Canada. I believe this is a serious debate, and I always welcome constructive comments. Raheel Raza spoke strongly in favour of the bill.

May I remind my hon. colleague that had he listened to my comments, he would have been made aware that SIRC has the authority to look into the additional powers that this bill enables, particularly for CSIS to operate and disrupt threats. There is a specific mandate for SIRC to look into those extended powers. Therefore, the powers of SIRC, a Canadian watchdog model, are enhanced.

At the same time, I would invite the member to consider the fact that in the budget, we are doubling the funding for SIRC, which is a good reason for the member not only to support Bill C-51 but also to support the budget of our Canadian Conservative government.

(1035) Mr. Kevin Lamoureux (Winnipeg North, Lib.) : Mr. Speaker, what is clear is that the government has lost the opportunity to provide good, solid, robust legislation that would have had more of an impact in fighting terrorism in Canada while at the same time providing parliamentary oversight and protecting the rights and freedoms of individuals and groups in Canada. The Liberal Party supports the bill because we recognize that Bill C-51 does have some positive attributes that would provide safer communities as a whole.

However, I want to go back to the issue of the government's refusal to recognize the important role that parliamentary oversight could have provided all Canadians. It is a major flaw. All of the Five Eyes countries, which are Australia, Canada, England, New Zealand, and the United States, have recognized the importance of parliamentary oversight. They already have parliamentary oversight, except for Canada, which stands alone on this issue. The current Minister of Justice used to support parliamentary oversight. We listened to the presentations at committee and the debate in the House.

The issue is why the government did not allow for parliamentary oversight. We see this as a fundamental flaw within the legislation and it could have improved the quality of the legislation had the government incorporated it. The Liberal Party is committed to incorporating it into our election platform in the next election. Why will the minister not allow for parliamentary oversight in this legislation? [ Translation ] Hon. Steven Blaney : Mr. Speaker, we are no strangers to Liberal promises, and this reminds me of a European song about empty words called Paroles, paroles .

However, I would still like to take this opportunity to point out that my colleague and his political party support this bill. To answer his question, my colleague could ask his own party the same question, since when the Liberals were in power they never bothered to make the changes that they now want to make. Now, all of a sudden they have woken up and decided to make these changes. On this side of the House, we continue to move forward. Just last Friday we appointed Pierre Blais, a Quebec judge with an impeccable reputation, to the committee. He is a representative of the riding of Dorchester and Bellechasse.

He is joined by four expert members. This is a team made up of judges and investigators. Once again, it is important to remember that the review committee is a model that is the envy of our partners, the United States, Great Britain, Australia and New Zealand, because it has the ability to investigate at all levels of the intelligence agency. I therefore urge my colleague to do the right thing and support the bill, which will double the budget allocated to the review committee, an international model. (1040) [ English ] Mrs. Nina Grewal (Fleetwood—Port Kells, CPC) : Mr.

Speaker, we understand that freedom and security go hand in hand and that Canadians expect us as parliamentarians to protect both. Our Canadian model of third party, non-partisan and independent oversight of our national security agencies is superior to the political intervention in the process, especially when we see the opposition's attitude on this file. Would the minister share with the House the safeguards included in the bill to ensure that the privacy of law-abiding Canadians is respected? Hon. Steven Blaney : Mr.

Speaker, the member for Fleetwood—Port Kells comes from the great community of Surrey, a community that is faced with a lot of challenges. That is why in the last budget we increased resources, so while we are tackling terrorism, we are also continuing to work with the Province of British Columbia to ensure the safety of the town of Surrey, which is an important issue for that community. In answer to the question, it is fairly simple.

When CSIS or the police are operating, they have to seek consent from the Attorney General, for the police in the case of making preventive arrests, and in those cases, they can move forward and seek a warrant. Once again, that is a Canadian exception. To my knowledge, CSIS is the only intelligence agency in the world that will have to seek a warrant from a judge to conduct certain types of operations. We are going to great lengths to show how seriously we take the privacy of Canadians and their rights.

As I have just said, once those operations are conducted, we have this robust oversight and review mechanism, SIRC, which is the envy of the world. For the last 30 years, it has examined and scrutinized the activities of CSIS. In the meantime, they have increased their accountability and have been referred to by the Supreme Court as a model that is doing a great job of being the watchdog of our intelligence agency for Canadians. Mr. Randall Garrison (Esquimalt—Juan de Fuca, NDP) : Mr.

Speaker, I am proud to stand and speak today to one of the most significant pieces of legislation to come before the House, certainly while I have been a member of Parliament. It is indeed a piece of legislation touching on the two most important topics that we ever deal with in this chamber: national security and our civil liberties. I am proud to speak to Bill C-51 as the member of Parliament for Esquimalt—Juan de Fuca, a riding which plays a key role in our national security as the home of CFB Esquimalt and our Pacific fleet.

I am also proud to speak today as the NDP public safety critic and as a member of the official opposition. Ours is a party whose leader has taken a strong and principled stance in opposition to Bill C-51, even when at the outset the bill appeared to be overwhelmingly popular. I remember quite clearly the first scrum on Bill C-51 that I faced as the NDP public safety critic after we announced our opposition to the bill. Journalists asked me how we could oppose something that was so popular, when 82% of Canadians polled said that they supported the bill.

My answer to the media that morning was that I believe it is the the role of the official opposition to inform public opinion, not to run away from it. It was clear that the government intended to marshal the politics of fear to stampede Bill C-51 through the House. We knew this would be an uphill struggle, but I trusted at the time that few Canadians knew exactly what was in the bill. I also trusted that when they did know what was in the bill, they would likely not like what they saw.

What the poll told us at the time was that Canadians believed that the threats from terrorism are very real, and we all acknowledge that fact. It also told us that Canadians believe that the government has a responsibility to do something about those threats. It told us nothing about what was actually in the bill. I believe, as most Canadians do, that the government's responsibility is to protect both public safety and our fundamental freedoms. Instead, the Conservative government has chosen to risk sacrificing our freedoms for security. What the Conservatives are proposing in Bill C-51 fails on two grounds.

Incredibly, it manages at one and the same time to constitute a threat to our basic civil liberties while also putting forth measures, many of which would be either ineffective or unnecessary. Unfortunately, the government is pressing ahead, refusing to listen to legal experts, civil society organizations, and the tens of thousands of Canadians who have turned out at rallies across the country to express their concerns about Bill C-51. Unfortunately, the Liberal Party wilted almost immediately in the face of the pressure created by the government to stand with it or stand with the terrorists.

We heard yet another example of that this morning from the minister in his opening remarks. Before Canadians had any chance to find out what was in the bill, the Liberals had already promised to vote for the bill and to do so even if the Conservatives refused to amend the parts of the bill that the Liberals said they were concerned about. The Liberals were even heard saying publicly that they did not want to get on the wrong side of public opinion on terrorism. Well, I firmly believe that they now find themselves on the wrong side of Canadian public opinion.

As the debate on this bill draws to a close under the 94th use of time allocation by the Conservatives to limit debate, let me review my major concerns about both the ineffectiveness of Bill C-51 and the threats it poses to our civil liberties. In the time I have, I want to focus on four major problems that I see in this bill. The first has to do with information sharing. The Conservatives pretend that Bill would correct problems with sharing information on the use of violence and involve C-51 ment in terrorist activities. This information sharing within government is of a kind with which few would disagree.

If someone is involved in terrorism or the use of violence, obviously, government organizations need to be able to share that information. What Bill C-51 does instead is it creates sweeping new powers to share information among a vast array of government departments and agencies on almost anything, not just on terrorism and violence.

Yes, there would be information sharing on terrorism, but also on national security, which is given a new and very broad definition, one which includes threats to Canada's economic stability, threats to Canada's infrastructure, such as pipelines, and even threats to Canada's diplomatic relations with other countries. The list goes on for an entire page of legal descriptions of the kinds of things about which information could be shared.

It is quite easy to see why Canadians are legitimately concerned that there would be a significant loss of their privacy contained under the excuse of necessary information sharing about terrorism. The information sharing proposed is so broad that the Privacy Commissioner concluded that it would potentially allow the government to create a personal profile on each and every Canadian.

(1045) We tried to have the Privacy Commissioner appear before the committee. He is an officer of Parliament. He is officially our advisor, as parliamentarians, on privacy rights. Therefore, we put the motion to the committee that he should come so we could discuss his concerns about the bill. The Conservatives blocked the Privacy Commissioner's appearance at the public safety committee. Conservatives like to insist that legitimate dissent could not possibly be caught in this information sharing, yet we had a police witness testify in committee that this was exactly his concern.

He also raised the question of the ineffectiveness of collecting too much information on Canadians. The argument is often made, especially in the law enforcement community, that looking for terrorists is like looking for a needle in a haystack, and the last thing the police need when they are doing this is more hay. Collecting information about all of us would pile up information so that we would risk missing the real threats to our public safety. The Liberals, on this point, say that the bill could be fixed later, after the Conservatives are defeated.

However, it is important to note that the information-sharing part of the bill is not one of the parts they propose to fix. They actually support this broad information-sharing, even though it presents a great threat to our civil liberties. The second area about which I have great concern is the granting of new powers to CSIS to disrupt terror threats before they take place. This is also a provision of Bill C-51 supported by the Liberals. These activities of CSIS, first and most importantly, would conflict with the existing activities of the RCMP.

The very reason CSIS was set up was to divide information-gathering from the disruption of terrorist threats. There is a redundancy created here that is a great danger, which even Justice Major, whom the government likes to cite, acknowledged might create confusion about who is actually responsible for what when it comes to disrupting terror threats. What is most disturbing about this is the very broad granting of power to CSIS this bill proposes. Bill C-51 specifically says that CSIS's new powers would only be limited by prohibiting murder, sexual assault, and interference with the justice system.

This is an amazing granting of power for secret activities in a democratic society and would be of great concern to all Canadians. The government likes to say not to worry, because it requires a warrant. Well, these CSIS activities do not always require a warrant. It is left to CSIS to decide. If it believes its activities might violate a charter right, then it would apply for a warrant. What is allowed without a warrant? There are a whole range of things that would clearly be allowed.

One of the concerns that has been raised by those who work in the Internet industry is that it might involve CSIS going online and changing people's posts or deleting their posts, things that may not necessarily violate a charter right and therefore, in CSIS's mind, would not require any kind of warrant. The government goes further and asks why we are concerned, as these warrants are just like the warrants now used by the police. The problem is that they are not at all like the warrants used now by the police.

The warrants police seek now in criminal cases are to make sure that their activities comply with the charter. They are not warrants to violate the charter. What is proposed in the bill is exactly that: a judge would be asked to authorize, in advance, charter violations. This raises serious questions about the role of the judiciary in our society and very serious questions about the rule of law.

The other thing that is different in these warrants is that when police seek a warrant in a criminal case, that warrant ends up back in front of the courts as part of that criminal case, so there is supervision both at the front end and at the back end by police when it is a warrant under the Criminal Code. There is supervision at the front end by a judge and at the back end by a judge when it is a warrant under the Criminal Code. Neither of those things are true when it comes to these new warrants, which would authorize CSIS to violate the charter.

They would be carried out in secret and judges would never see what has happened to a warrant should they grant one. The third concern I want to talk about today is another favourite of the government. It would create a new offence of supporting terrorism in general and recklessly. “Recklessly” is a term we do find in the Criminal Code, but supporting terrorism “in general” is not a term we find anywhere in the Criminal Code. This would create a criminal offence lacking the basic requirements of a normal criminal offence. A criminal offence involves intent plus action.

What is the intent involved in supporting terrorism in general? It is very difficult to see that there is an intent to do anything. What is the action? Clearly, there is no action involved here.

(1050) Some have concluded that this new offence really amounts to a kind of thought crime, that for one's opinions, one might be subject to a criminal prosecution. It is certainly an offence that would produce a chill on free speech in this country as Canadians tried to understand what on earth this new offence would mean. It also raises a question about why it is needed. Given the record we have in Canada of successful prosecutions under the existing Criminal Code, why do we need a new offence that would produce such a chill on free speech? It has simply not been established.

In committee, I asked the Commissioner of the RCMP if he would have been able to prosecute the perpetrator of the attack here in Ottawa last October. He said very clearly that, yes, the existing legislation would have been sufficient to prosecute him. We had successful prosecutions of the Toronto 18. We have a prosecution going on in British Columbia right now. Clearly, the police do not lack powers to pursue those who are actually involved in violence and terrorism. A fourth concern I have is one that runs in several places in the bill.

This is about lowering the standard for police action from reasonable grounds to suspicion. It particularly applies to the idea of preventative detention and recognizance with conditions. Currently, for the police to detain someone, there have to be reasonable grounds. In common language, that means that there has to be evidence. However, the bill proposes to allow the police to detain someone preventatively on the basis of mere suspicion. I think this is another element that is of great concern to many Canadians, because we have a disturbing record in Canada on detention in times of crisis.

We need only look at the detention of Ukrainians, Germans, and Italians during World War I; or in World War II, at the detention of Japanese Canadians; or even in the 1970s in Quebec, at the detention of many people under the War Measures Act, some 500 people, who were never subsequently charged with any offence, let alone convicted. Many of the concerns we have expressed about the bill involve this apparent conflict with the Charter of Rights and Freedoms, and many witnesses expressed those same concerns.

We asked the government to table in committee the advice it received on the constitutionality of the provisions in Bill C-51 . We expressly asked the Minister of Justice , and he used a very strange excuse. He said that this advice could not be tabled in committee, because it would violate solicitor-client privilege. What he did was stand solicitor-client privilege on its head. He is not the lawyer; he is the client, and clients can always waive that privilege.

He could have very easily tabled the advice, and it makes one wonder how firm the opinion of the Department of Justice experts was on the constitutionality of Bill C-51. The Conservatives were clear, on Bill C-51 , from the beginning, about two things. The first, I would say, is that they really did not want Canadians to know what is in the bill. Second, they did not intend to listen to Canadians when they actually talked about what is in the bill. When I allege that the Conservatives did not want Canadians to know, how do we know that? Well, they both rushed and limited the debate in this House.

It is an important part of democracy that Parliament allows the public to know what the content of a bill is through the debate we engage in within this chamber. The debate was limited at second reading to three days. That sounds long, but when we look at how Parliament functions, it means that the official opposition, with 90-some members, was limited to six speakers on a very important bill. The Conservatives attempted to limit the witnesses appearing at the public safety committee. They initially proposed three meetings and 18 witnesses.

Now, I cannot, of course, talk about discussions that went on in camera, but at the end of those discussions, we ended up with eight meetings and 48 witnesses, but that was still fewer than half of those who wanted to appear before the committee. The Conservatives also insisted on a very short deadline for those witnesses to appear. In the end, we ended up having 36 witnesses appear before the committee in four days. If we wanted the public to be able to follow the debate and understand what witnesses were saying about the bill, we would not

schedule 36 witnesses in four days.

(1055) This

schedule also meant that some very important witnesses were not able to appear before the committee, because they were given only a very limited choice of dates: four days. Some witnesses were not available because of personal and other obligations on those days. One very important witness had a medical procedure scheduled, while another had professional obligations outside the country. If they were not available during those four days, they could not appear as witnesses.

It was clear last Thursday, when we began report stage and third reading debate, that the government was determined not to have the full ability to debate this bill, because it introduced time allocation for the 94th time. Conservatives prefer to call this scheduling, but in fact, we know what it is. It is closure. Therefore, we ended up with only two days of debate at report stage and with only today for third reading debate on this bill.

I know that many of my colleagues in the NDP caucus who would like to stand in the House and represent their constituents are going to be denied that opportunity because of this limit on the debate. I have also alleged that the Conservatives did not intend to listen to what Canadians had to say. Let me give some examples of why I believe that to be the case. First, there were limits on the number of witnesses and a refusal to hear some witnesses. I have already talked about the government blocking the Privacy Commissioner from appearing before the committee.

Second, there was the treatment of witnesses before the committee. Some of it was reminiscent of the tapes I have seen of the U.S. McCarthy hearings in the 1950s. Shamefully, government members asked representatives of Greenpeace if they were or were not a threat to national security, and then they were told there was no time for them to answer that question.

The first Muslim witness who appeared, from the National Council of Canadian Muslims, was accused of being soft on terror, and Amnesty International was accused of supporting terrorist organizations and was given no opportunity to reply to that smear on its reputation. Finally, of course, I would cite the fact that all 112 opposition amendments put forward were rejected by the government. The only changes to Bill C-51 came when the government adopted three of its own very minor and deceptive amendments.

On information-sharing, the Conservatives agreed to an amendment that says that information will have to be shared according to law. Of course it does. That is a meaningless amendment to this bill. They agreed to put in a provision that said there would be no arrest powers for CSIS. Of course, no one ever thought there were arrest powers under the Criminal Code for CSIS. New Democrats moved a subamendment to put a ban on detention and rendition by CSIS, the taking of people into custody abroad and turning them over to other powers.

Government members said there was no intention to have CSIS have detention and rendition powers, so we asked them to vote for this amendment and put in the bill that CSIS would not have the power to detain Canadians inside or outside Canada and would not have the power to turn Canadians over to foreign governments. They voted against that amendment. As to the no-fly list, which the minister mentioned in his speech, it is going to be expanded, but it remains just as ineffective, and without a good appeal process, as it is now.

On the amendment the minister talked about, representatives of the airlines appeared at committee and said they had some problems with the bill. First, they had not been consulted before it was introduced, and second, there was a clause in the bill saying that the minister would have the power to order airlines to do anything to meet threats to national security. The airlines felt that the power to order them to anything was just a bit broad, so the government's amendment now says that they can be ordered to do anything that is reasonable, in the opinion of the minister. It is not much of an amendment.

Here we are now under time allocation, just one day away from the passage of Bill C-51 . It is clear that the Conservatives have not been listening, but it is clear that Canadians have been listening. They have seen what is in the bill, and they do not like what they see. The Conservatives are stubbornly pressing ahead with Bill C-51 despite ongoing opposition from four former prime ministers, five former Supreme Court justices, almost all witnesses at committee, including their own witnesses, and despite the clear opposition of the vast majority of Canadians.

This will leave Canadians opposed to Bill C-51 little choice in October but to defeat the Conservatives while at the same time remembering that electing the Liberals will not help on this one, because it is only the NDP that has pledged to repeal this dangerous and ineffective bill. The good news is that 2015 is here, and in a few months, Canadians will get a chance to replace the Conservatives with the first national NDP government. In conclusion, New Democrats believe that Bill C-51 is unfixable in its current form. That is why we moved to delete all of its clauses at report stage and voted against the bill.

It is also why I am going to move the following amendment.

(1100) Amendment I move: That the motion be amended by deleting all the words after the word “That” and substituting the following: “this House decline to give third reading to Bill C-51,

An Act to enact the Security of Canada Information Sharing Act and the Secure Air Travel Act, to amend the Criminal Code, the Canadian Security Intelligence Service Act and the Immigration and Refugee Protection Act and to make related and consequential amendments to other Acts , because it: (

a) threatens our way of life by asking Canadians to choose between their security and their freedoms; (

b) provides the Canadian Security Intelligence Service with a sweeping new mandate without equally increasing oversight, despite concerns raised by almost every witness who testified before the Standing Committee on Public Safety and National Security, as well as concerns raised by former Liberal prime ministers, ministers of justice and solicitors general; (

c) does not include the type of concrete, effective measures that have been proven to work, such as providing support to communities that are struggling to counter radicalization; (

d) was not adequately studied by the Standing Committee on Public Safety and National Security, which did not allow the Privacy Commissioner of Canada to appear as a witness, or

schedule enough meetings to hear from the many other Canadians who requested to appear; (

e) was not fully debated in the House of Commons, where discussion was curtailed by time allocation; (

f) was condemned by legal experts, civil liberties advocates, privacy commissioners, First Nations leadership and business leaders, for the threats it poses to our rights and freedoms, and our economy; and (

g) does not include a single amendment proposed by members of the Official Opposition or the Liberal Party, despite the widespread concern about the bill and the dozens of amendments proposed by witnesses.

(1105) The Deputy Speaker : Order, please. The motion is in order. Questions and comments, the hon. member for Malpeque. Hon. Wayne Easter (Malpeque, Lib.) : Mr. Speaker, I enjoy working with my colleague on the public safety committee, as he would know, and oftentimes we work together. However, he did go a little far in his remarks by saying that the Liberal Party had wilted, and he used some other adjectives, I might admit. What his motion does is spell out where the NDP really is. He said that the bill would threaten our way of life.

I hope the member did not have selective hearing at the committee, because witnesses have come forward who have been opposed to this bill but have also said that we need the security aspects of it. What I find absolutely troublesome is that on the government side we have the government that is all about security and to heck with civil liberties; on the NDP side, what we have is all civil liberties and to heck with national security. The only party that has a reasonable and responsible position is the Liberal Party, which wants to find some balance. My question for the member is this.

The NDP amendment would throw this bill out. Does the member not believe that we need balance, that we need better security and protection of our civil liberties, which is the position of the Liberal Party? Does he not believe that we need balance in this bill and that throwing it out could put Canadians at risk? Mr. Randall Garrison : Mr. Speaker, I guess the simple answer is no. I do not think we trade off security and civil liberties. The government's responsibility is to protect both at the same time. Do I support this bill? No, the amendment is trying to prevent this from going forward.

This bill is so seriously flawed that it cannot be fixed. We need a government that will actually devote the resources needed to combat terrorism, not continue cutting the budget. We need a government that will stop cutting the budget of the RCMP, CSIS, and the Canada Border Services Agency. We do not need a Liberal government that promises everything and does the opposite. On this bill, although the Liberals say they are going to fix it, they do not plan to do anything about CSIS powers and they do not plan to do anything about the information sharing powers.

These are two fundamental threats to our civil liberties that would do nothing to address the terrorist threat. I simply cannot understand the Liberal Party's position on this bill. (1110) [ Translation ] Hon. Steven Blaney (Minister of Public Safety and Emergency Preparedness, CPC) : Mr. Speaker, I have a very simple question for the NDP critic. [ English ] I have here a quote from the NDP member for Brome—Missisquoi who said: I am confused about what motivated the government to introduce— —the combatting terrorism act. ...because, since 2007, nothing has happened in Canada.

The country has not been subject to terrorist attacks. Where was the member on October 22 and October 20, and what about all those plots that have successfully been derailed by our intelligence service? My question for the hon. member is this. Does he agree with the member with the false statement, or would he ask him to apologize, set the record straight, and call a spade a spade, and call the terrorist attack on October 22 a terrorist attack for what it is? Mr. Randall Garrison : Mr.

Speaker, one of the things I have learned from the minister is to watch his partial quoting of witnesses and members of Parliament. It is very clear that he is back to the same thing he tried in the beginning, to say that the NDP does not take terrorism seriously. Once again I have to say very strongly that I have a great deal of personal experience with terrorism. I have lost friends to terrorism. I resent the minister continually standing in this House and implying that we do not see terrorism as presenting any kind of threat.

We have said that there are effective ways to meet terrorism in this country and that Bill C-51 is not one of those. Mr. Charlie Angus (Timmins—James Bay, NDP) : Mr. Speaker, I think what is very disturbing in this all-out attack on the Charter of Rights and Freedoms is that the leader of the party that founded and brought forward the Charter of Rights and Freedoms stands up and says that he will not defend the Charter of Rights and Freedoms because it would be difficult for him. It does not matter that it is difficult for all the Canadians who lose their rights and freedoms.

I remember Pierre Elliott Trudeau from when I was young. He would never shy away from standing up in a fight for individual liberties, civil liberties, and the rule of law. Why does my hon. colleague think that the Liberal Party over in the corner has become such a spineless shadow of a once-proud party? Mr. Randall Garrison : Mr. Speaker, I have already said, as I have done many times both in committee and here, that I cannot understand the Liberal Party's position, because it speaks against the bill but is voting for it. It simply makes no sense to me.

The other part of the Liberal promise, to fix this later, really passes over the damage that could be done in the interim. For people who end up subject to terrorist threats because we collected too much information and have missed the real threats, it is not much comfort to say that it will be fixed later on, two years down the road. For those who say we can go to court and challenge it, well, that would be four or five years down the road. I believe we have a bill that actually interferes with our ability to meet terrorist threats and compromises our civil liberties.

It is not good enough for me to say we will fix it down the road. It is time to defeat this bill now. Ms. Elizabeth May (Saanich—Gulf Islands, GP) : Mr. Speaker, I completely agree with my hon. friend, and I want to underscore this point because, as he will know, the Green Party has opposed the bill from the very beginning. We are very glad that the official opposition has taken this up and is fighting it in a principled way. We lament the fact that the Liberal Party, while understanding the bill is dangerous, is still prepared to vote for it.

What I want to underscore is the testimony from former Supreme Court justice John Major, who conducted the Air India inquiry. I am astonished that earlier today the minister would quote John Major, clearly out of context. What John Major actually said is, “The system just doesn’t work if there isn’t some way of ensuring that you have information-sharing”. By this he did not mean information sharing about all Canadians as in

part 1 of the bill, but information sharing between CSIS and the RCMP. He went on to say, “...there’s no way from what I’ve seen that the present proposed legislation is going to do that”. We have also seen expert testimony from the Senate side where Joe Fogarty, a British security expert, said that currently because of this lack of oversight, because of the lack of exchange of information between the RCMP and CSIS, we are “...sitting on top of a tragedy waiting to happen”.

I want to ask my hon. colleague from Esquimalt—Juan de Fuca if what I just heard him say is the position of the official opposition, because that is the position of the Green Party, that the bill, if passed, must be repealed.

(1115) Mr. Randall Garrison : Mr. Speaker, the member for Saanich—Gulf Islands is quite right about former justice John Major. As I mentioned in my speech, the minister has only quoted part of what he had to say. What he had to say was what we continue to say: not only does the bill threaten civil liberties, but it also threatens our ability to deal with threats to security because of its inefficiencies.

I appreciate that the Green Party is opposed to the bill, although I have to say last night, unfortunately, when the member for Saanich—Gulf Islands introduced two amendments to improve the bill, we were unable to support that because we believe the bill at this point is unfixable and should be defeated. [ Translation ] Ms. Christine Moore (Abitibi—Témiscamingue, NDP) : Mr. Speaker, since the unfortunate events of last October, there have been a number of arrests involving either people who subscribe to the jihadist philosophy or people who have no such affiliation but are considered a terrorist threat.

That got me thinking. Since the new measures in Bill C-51 are not yet in force, as we are still considering them, I wonder whether this is just a problem of resources. After what happened in October, the government realized that it may have neglected to put certain resources in place. Since our budgetary philosophy on these potential threats was reviewed, the authorities have been able to arrest people who are considered a threat without the need for any legislative change. The question is this: does the problem have to do with the legislation or with budgets and resources? [ English ] Mr. Randall Garrison : Mr.

Speaker, the minister likes to say we should support the budget because it would provide more money for national security. When in fact, after cutting more than $300 million from the budget last year, Conservatives would put back $57 million, it is some kind of new math to think that people received more resources out of that. The RCMP Commissioner and the director of operations of CSIS appeared before parliamentary committees and said they did not have enough resources to combat the terror threats, and this will remain the case in the next budget year. Hon. Wayne Easter (Malpeque, Lib.) : Mr.

Speaker, I am pleased to outline our position on Bill C-51 at the third reading stage of this debate. We see areas of the bill which are important for the public safety of Canadians and we see areas of the bill where the government has gone much too far with respect to the Charter of Rights and Freedoms and a fair balance with civil liberties and freedom of expression versus public safety and national security. If Parliament were allowed to function the way it should, the bill could have come out of committee a much better one.

There were four amendments at committee, three of which were along the lines of the Liberal Party's proposals, and I will get to those in a moment. However, there other amendments were direly needed, and we will propose those in our forthcoming our platform for the perceived election this fall. Legislation similar to Bill C-51 is required and is in evidence in virtually every country with which Canada is allied or has shared values. Countering the growing threat of foreign and domestic terrorism is a reality that must be confronted by the modern state.

In saying that, it must be confronted in a joint way by countries around the world as well. However, in combatting that threat, it is important for any government to ensure that the steps taken to combat it do not propose a different threat to its citizens. That is partly what the debate was about with the NDP remarks as well, and I recognize that. The Liberal Party supports provisions of Bill C-51 and has made that position clear from the outset.

We have also maintained there are provisions of Bill C-51 that are excessive and would, in our opinion, represent an intrusion by the state security agencies into the lives of Canadians, which are far too severe. First, let me make note of those who have participated in a very public campaign and who are strongly opposed to Bill C-51 . I think people who pay attention to their emails, and I have tried to respond to them all, have to recognize that we get thousands of letters, emails and phone calls from people across the country who are opposed to Bill C-51 .

Some of them, of course, do not know the amendments that have been made. I have asked them that question when I talked with them recently and they still think the bill is just as it originally was, and that is fine. However, I want to thank them for participation. Even though we may be somewhat on opposite sides of the arguments, I am one who firmly believes that a demonstration of activism of opposing or supporting legislation is a good thing and it is important in a healthy democracy.

Here is one of the most important amendments made to the bill, because there are too many of those who are opposed to Bill C-51 . Obviously some people, for political purposes, are saying that we should throw the bill out, to heck with security. Some continue to say that there have been no changes made to the bill. Yes, there have been. One of the most egregious sections of the bill, under the

interpretation section, states, “For greater certainty, it does not include advocacy, protest, dissent and artistic expression”. A lot of letters of concern were related to that.

(1120) What do we consider a lawful protest? I was also concerned, as a former activist in the farm movement. Everything we do in a demonstration, whether it is shutting down a highway with tractors or blocking a road in a union protest or demonstration, is not exactly lawful. We were concerned about that, as were other parties, and we moved an amendment to take the word “lawful” out, and that passed. That gives some certainty, or at least some satisfaction, to those who were opposed to that clause in the bill. A lot of people have been writing us letters are saying that this is a new secret police.

No, it is not. There is an infringement on liberties that go overboard, but this is not a new secret police. Therefore, an amendment was moved by the government, due to the concerns it and others had expressed, to clarify that. It reads, “For greater certainty, nothing in subsection (1) confers on the Service any law enforcement power”. There was a narrowing of the no-fly list and on how information could be shared. Those were the two other amendments. For those who been demonstrating and strongly opposing Bill C-51 , congratulations, they did make some gains.

Some of the amendments they asked for are in fact in the bill. To not recognize that would be wrong. I support all those amendments. I only wish the government would have gone further in some of the other areas that we would liked to have seen addressed in the bill, but it failed to do that. When we look at the witnesses who came before committee, I would have liked there to have been a longer hearing process with greater time for each witness, and the government failed to allow that. We did hear from 46 to 48 witnesses.

However, if people, both on the government side and the New Democrats, were really listening to the witnesses, none of those witnesses said that they wanted the bill as it was, and very few of them said that the bill should be thrown out. They wanted it balanced. Witnesses and Canadians believe, and I certainly believe, that it is possible for this chamber, the House of Commons, to find the balance, to do what needs to be done on the security side and balance it to ensure that the civil liberties and freedom of expression, and the Charter of Rights and Freedoms are enhanced and protected as well.

That did not happen. The New Democrats, just in their remarks, can be as pure as they like, but the fact is that even those who were opposed to the bill, also suggested that we needed to take measures on the national security side. What do we do as parliamentarians when security agencies and police forces, both within Canada and around the world, say that to us that there needs to be additional measures taken to enhance the national security of Canadians? Do we ignore them, as the New Democrats do? I do not think we can. We have a responsibility in that regard.

The government failed in its responsibility to make amendments to be absolutely sure that those powers did not go too far.

(1125) The government has absolutely failed in the past in not utilizing the already existing laws in

section 110. It failed to use those authorities when, as the minister said, there were somewhere around 80 individuals who the government knew had violated Canadian law. What were they doing, and what are they still doing out there on the street, when the government already has some authority within the law to detain and arrest them? My point is that witnesses asked for better balance. That did not happen, and that responsibility rests with no one else. I meant what I said earlier. The government is too far on the security side.

For the Prime Minister to take the attitude, which he has taken with the promotion of this bill from the beginning, and to foster the fear that there is a terrorist under every rock is absolutely the wrong approach. Fear will divide Canadians and pit them against each other. Yes, Canadians need to be watchful and ensure that there are no problems that could lead to terrorism or to individuals getting involved in terrorist activities. However, to use the fear factor is not the proper way to go. The NDP, on the other hand, has taken the approach of saying “be very afraid of civil liberties”.

People should not worry about national security. They should be afraid of their civil liberties. Both those parties have gone to extremes at both ends. Ours is, at least, a balanced position and would work if, under the Conservative regime, Parliament were allowed to exercise its rights, allow amendments, real debate and changes to legislation, as this place should work. We do have an advantage, because there is an election, likely on October 19. Those measures that we were unsuccessful in getting through committee will be in our election platform.

Canadians will have the opportunity at that time to decide if they want sunset clauses that would make the bill cease to exist in certain areas after three years, a mandatory statutory review after three years that would look at the good, the bad, and the ugly in the legislation, and national oversight of all of our security agencies, as all our Five Eyes partners do, by parliamentarians. I will come to that in a moment. We will have those measures in our election platform.

Early in the debate about Bill C-51 , my colleague, the member for Mount Royal and I joined four former prime ministers, including three Liberal prime ministers, and others to issue an open letter underscoring two fundamental responsibilities of government to ensure the safety of Canadians. These are: —protecting Canada from terrorist attacks; and ensuring that initiatives in this regard are consistent with the rule of law and the Charter of Rights and Freedoms and, particularly, are subject to comprehensive oversight, review and accountability mechanisms.

However, in the course of committee hearings, when we proposed amendments to those three essential areas, they were either ruled out of order or rejected. In that letter, the former prime ministers said: The four of us most certainly know the enormity of the responsibility of keeping Canada safe, something always front of mind for a prime minister. They went on to talk about oversight more than anything else. That letter was signed by prime ministers, former attorney generals, ministers of justice, retired Supreme Court justices, and so on.

(1130) They know the need for accountability. They know that proper oversight actually protects the government and ministers from agencies that may go astray. I am disappointed that the government failed to recognize that fact. When we listened to the responses of the minister and the parliamentary secretary at committee when we brought those issues up, it was as if they do not trust their own members. Every other country around the world thinks that parliamentarians are capable of doing those responsible tasks.

Why is the Conservative government so opposed, especially when its own current Minister of Justice , you, Mr. Speaker, and its own Minister of State for Finance , along with myself and some others, sat on the committee and recommended just that, a parliamentary oversight committee of all security agencies, based on a study that we did in the U.K., the United States and Australia? Why has the Minister of Justice changed his mind? He was one of the key promoters on that committee, and now for some reason he no longer believes in what he calls partisan oversight. It does not have to be partisan.

It is really just in the last eight years under the current Prime Minister that this place has become a place of almost hate, fear and partisanship to no end, rather than looking at what good we can do for Canadians as a whole, and how to build legislation for Canadians as a whole. That is one of the sad realities of this particular Parliament. The issue of oversight of our security intelligence agencies has long had the support of the Liberal Party.

In the wake of 9/11 and the first anti-terrorism legislation, it was a Liberal government, with the support of the members of the government and the NDP, that brought forward Bill C-81 , legislation to create a committee of parliamentarians who would provide that oversight. What did the current committee hear from witnesses with respect to that at the hearings which just concluded?

Hugh Segal, a former Conservative senator and chair of the special anti-terrorism committee of the Senate, said: Accountability on the part of our security services to the whole of Parliament is not needless red tape or excessive bureaucracy. In fact, it is the democratic countervail to the kind of red tape and bureaucracy which might unwittingly lose sight of the security mission appropriate to a parliamentary democracy, where laws and constitutional protections such as the presumption of innocence and due process must protect all citizens without regard to ethnicity or national origin.

Ron Atkey, a former Conservative MP and first chair of SIRC said: I have been both a parliamentarian and a watchdog, a professional watchdog. The answer to whether Parliament or a specialized agency should have the power to review our security agencies is easy for me. Canadians should have both. Under our system of government, Parliament is the ultimate watchdog and is directly accountable to the people. The party having the most number of seats at each general election usually is called on to form the government, but Parliament itself remains the watchdog.

As I said earlier, the Minister of Justice and the government as a whole rejected that particular proposal. Let me conclude by saying that there is no question there is a lot of debate around this bill in the community, which is a good thing. As I said, I welcome that debate with those who have different views and are willing to express them. There have been some minor amendments proposed, I think some that would take the word “lawful” out, et cetera, which would go some distance to satisfying that expressed concern over an infringement on civil liberties.

(1135) I still believe there are some problems relative to the Charter of Rights and Freedoms, and at some point in time the court may in fact rule on that. Regarding those measures that the government failed to accept and put in the bill, such as oversight, sunset clauses and mandatory statutory review at the end of three years, the Liberal Party will put those measures in our election platform and Canadians can decide at that point in time. We need a balance between national security and civil liberties. Parliament should be able to find and exercise that balance. The government failed to allow that to happen.

Ms. Jinny Jogindera Sims (Newton—North Delta, NDP) : Mr. Speaker, first I would like to make it very clear that every one of us sitting on this side of the House, and I am sure on both sides of the House, are absolutely opposed to any acts of terrorism. To imply anything else through speeches just does not do us any good. It undermines the work we do in the House. Second, like others, I am very concerned that we have not had the kind of robust committee study or debate in the House that is needed in order to have good legislation.

I respect my colleague down the aisle here, but I am really puzzled by the speech he made. He talked about what is wrong with the bill and yet the Liberals said right from day one, even before they read the bill, that the bill is bad and it has flaws, although I do not know how they could have known that. Even after looking at the bill they were willing to say that they would support it anyway and fix it later. The leader of the Liberal Party has said that he is willing to compromise and support the legislation during this session of Parliament, but propose amendments during the next federal election campaign.

That begs the question as to why we have Parliament anyway, if we are going to let those who have the majority run over us. Do Liberals believe that giving the Conservatives a blank cheque is the best way to protect Canadian freedoms?

(1140) Hon. Wayne Easter : Mr. Speaker, one thing the Liberals have never done is give the government a blank cheque. That is a myth which the NDP is trying to portray, but not all that successfully. New Democrats can do all the propaganda they want, but the fact of the matter is, as I have said many times in this place, the Liberal Party has been the only party that has proposed balance in the House. Yes, when the bill was introduced, we did say there needs to be additional national safety and security measures.

We would propose those and amendments to the bill to try to fix the imbalance as it relates to civil liberties and freedom of expression. With regard to what the member said in the initial part of her remarks, I would point out that no one has ever said, at least from this end, that anyone in this place is in favour of acts of terror. Certainly, no one in this place would be in favour of that. The question, though, is what do we do to the full extent possible to ensure that those who would be involved in acts of terror do not have the ability to do so and that we prevent those acts of terror from happening.

Some of the measures in the bill would actually do that. That is why we support that part of the legislation. Given how Parliament works under the leadership of the current Prime Minister , we have no choice but to put the measures necessary into our election platform, because the House does not operate as a place of debate where compromise and amendments are allowed. There is no choice for us but to put those amendments in our platform so that Canadians can see them and see what we would actually like to do. Ms. Elizabeth May (Saanich—Gulf Islands, GP) : Mr.

Speaker, my hon. friend from Malpeque knows that I am heartbroken that his party has chosen to do the wrong thing on Bill C-51 . It will not be fixable later. It will need to be repealed, and that is the position that all opposition parties should take. We just heard the Minister of Public Safety and Emergency Preparedness say that this is the only legislation in the world that would ensure that a judge oversees decisions about allowing CSIS agents, or intelligence agents in other countries, to take the steps that are proposed in the legislation.

I would ask the member if he would agree with me, as someone who was listening to the evidence and looking at the bill, if this is because no other country in the world, no other democracy would imagine such a thing as a secret hearing, with only the government represented, to allow for a warrant for an intelligence officer to violate the constitution. No such constitutional breach warrant has ever been contemplated by any other democracy. That is terminology that I have lifted from the testimony of Professor Craig Forcese.

A constitutional breach warrant is so deeply offensive that that is why only Canada has a judge overseeing it. No other country would allow it. Hon. Wayne Easter : Mr. Speaker, in response to the question from my colleague, the leader of the Green Party, I have two points. The member said that all opposition parties would repeal the bill. No, that is not true. The leader of the NDP made it clear in the beginning that, no, the NDP will not repeal the bill. I see an hon. member looking quizzically at that, but I can table those remarks at some point in time if she should wish me to.

On the one hand, NDP members are saying that they are strongly opposed and would defeat the bill, but on the other hand, they are not making a commitment to repeal it. On the point of judicial oversight, a very important point, the member is absolutely right. All of our Five Eyes partners, with the exception of us, have proper parliamentary oversight, as we should have, but the government is failing in terms of allowing that. The minister tries to claim that there is judicial oversight. There is no such thing.

There is judicial authorization for CSIS officers and security personnel to be able to do certain things, but there is no secondary review on that. When that warrant walks out the door, that is where it ends. There is no counterbalance in terms of the CSIS official coming before a judge. There is no counterbalance there to argue the other side, as we see in our normal legal arrangements in this country. Simply put, the judicial oversight is not oversight at all.

Rather, it is authorization for CSIS to do certain things, and some of it is authorization to break the law, which puts judges in an extremely difficult position, which I do not think any of them really want to be in. (1145) [ Translation ] Mr. Dany Morin (Chicoutimi—Le Fjord, NDP) : Mr. Speaker, I am a bit bewildered to hear my Liberal colleague's comments because I think that the NDP was very clear. We think this legislation has no place among our Canadian laws.

I think that Canadians will not be fooled by the Liberal member because they know that the NDP fights tooth and nail for Canadians' rights and freedoms and that security and liberty must go hand in hand. That being said, a number of experts who testified said that Bill C-51 is inconsistent with the Canadian Charter of Rights and Freedoms. Why do the Liberals want to vote against the charter by supporting this extremely flawed bill? [ English ] Hon. Wayne Easter : Mr. Speaker, that is kind of a joke when he asks why Liberals are voting against the charter. We are not. This is a piece of legislation.

We are the party of the charter. I know the government does not want to talk about the charter very often, but we are the party of the charter. The leader of my party often talks about the charter and the rights provided to Canadians as a result of that charter. There very well could be problems with the charter in this bill. I do not accept the assurance given by the Department of Justice because too many other legal opinions have concerns that if this bill in any way infringes upon the charter, the Supreme Court or other levels of the courts will certainly turn it back.

If the bill is in violation of the charter, as six other bills have been, the government runs the risk of losing cases that have been started under this bill in terms of the protection of Canadian people and losing them down the road. All the work by security agencies and police authorities could be lost. Why the government would run that risk I do not understand, but it seems willing to do so. I would tell the hon. member that maybe he should go back to the speech by his leader and see what he said he would do if the NDP was to form government.

New Democrats did not say they would repeal this bill, so they are playing a bit of a game within the NDP itself. The Liberal Party has balance, and we know that. Hon. Tim Uppal (Minister of State (Multiculturalism), CPC) : Mr. Speaker, I will be splitting my time with the member for Pickering—Scarborough East . It is my honour to be here today and to speak in support of this very crucial national security bill, the anti-terrorism act, 2015. I am proud of the manner in which our Conservative government has managed this important file of national security.

Whether it be the response to the tragedies of late October, which we along with Canadians recognized instantly as terrorist attacks, or our measures to protect the value of Canadian citizenship, it is an honour to stand with our government on issues of national security. It is a privilege to advocate for measures that keep Canadians safe, which is of course the first priority of any government. Regardless of the bill or motion that has been up for debate in this House, I feel a strong sense of duty when advocating for positions that Canadians truly care about, such as the mission in Iraq and Syria.

Canadians will not tolerate the scourge of terrorism on our shores, which is why we must not allow the evils of ISIL to spread. I would like to take this opportunity to first thank the members of the Canadian Armed Forces, to whom we are all very grateful. I would also like to thank the men and women who keep us safe on our shores, the RCMP, CSIS and police authorities across the country, who work tirelessly to keep us safe. We, as parliamentarians, have an obligation to do what we can to help them in that very important job that they have.

We have passed the Strengthening Canadian Citizenship Act to protect the sacred values of Canadian citizenship. We have passed the Protection of Canada from Terrorists Act to clarify the ability of CSIS to operate overseas. Now, we are advocating for the anti-terrorism act, legislation that would enable our national security agencies to keep pace with the ever-evolving threats to our national security. Canada, like our allies, needs to modernize our laws to arm our national security agencies in the fight against Jihadi terrorists who we know have declared war on Canada.

The anti-terrorism act would protect Canadians by allowing the federal government to share information that the government already has across departments, within government, for national security purposes. Today's threats evolve too quickly to risk vital information being trapped in bureaucracy. For example, if a consular services officer has information of suspicious activity that could actually prevent an attack, he or she must be able to inform the appropriate authorities.

The anti-terrorism act would protect Canadians by expanding the passenger protect program, also known as the no-fly list, to allow the government to deny boarding to all terrorist suspects, not merely those who we can prove are a risk to that specific flight. Today, radicalized individuals can board planes so long as they are not a risk to that aircraft. These people could disappear into terrorist training camps and fall off our radar, and then make their way back to Canada after receiving training. I do not know how the opposition could advocate against something so simple, something that makes so much sense.

The anti-terrorism act would protect Canadians by criminalizing the advocacy and promotion of terrorism and allowing the federal government to seize radical jihadi propaganda. Canada is a free and accepting society but that does not mean we must tolerate hateful propaganda that advocates violence against Canadians. Canadians recognize that terrorist propaganda is dangerous and contrary to Canadian values, and that the government should do all it can to ensure that it does not poison the minds of our young people. The anti-terrorism act would also enable CSIS to disrupt threats to our nation.

This is an important part of the bill that, again, just makes sense. In fact, when I speak to Canadians across the country in roundtable discussions, they cannot believe that CSIS does not already have the power to disrupt threats. It is inconceivable that a CSIS agent cannot take a very minor action, such as intercepting mail to prevent a meeting between a radicalized individual and a known terrorist group, to protect Canadians. Again, this is a common sense policy proposal that the opposition willingly and wilfully exaggerates the powers being proposed.

(1150) CSIS is not and will never be a secret police force. The opposition members know that. CSIS cannot and will not operate without strict oversight and review. That is why disruption powers would be subject to judicial review and also why the government's new balanced budget that we proposed would double SIRC's resources. The Security Intelligence Review Committee, or SIRC, is a robust Canadian model that has provided effective expert oversight of CSIS for decades. CSIS agents are often in the right place at the right time to disrupt threats early.

Given the increased number of foreign fighters and jihadi terrorists threatening our nation, it is very important that we empower the men and women of CSIS to keep Canada safe. Finally, the anti-terrorism act would further strengthen Canadian citizenship by ensuring that national security agencies are better able to protect and use classified information when denying entry and status to non-citizens who pose a threat to Canada. Again, that is another proposal that Canadians would see to be very important and just makes sense.

Canadians know that only the Conservative Party, led by this Prime Minister , can be trusted to keep Canadians safe from the threat of terrorism. Whether it is on the issue of citizenship; our international security obligations; budget increases to national security agencies, which they continually vote against; or on a crucial bill that would modernize our security tools, the New Democrats and Liberals oppose, confuse and obstruct. That is why I am proud to be a part of this Conservative government. I am proud of our strong record and the leadership of the Prime Minister on issues of national security.

I will be voting in favour of this very important bill, and I encourage all other members to do the same, to help keep Canadians safe from terrorists who wish to do us harm. (1155) [ Translation ] Mr. Pierre Nantel (Longueuil—Pierre-Boucher, NDP) : Mr. Speaker, clearly we are very concerned about the scope of this bill. Many very competent expert witnesses, from outside the House, came to tell us that this bill goes much too far.

I would like to ask a specific question: would the law allow CSIS to disrupt environmental groups, first nations or any other activist groups whose tactics include blockades to bar access to infrastructure? [ English ] Hon. Tim Uppal : Mr. Speaker, we have been very clear from the outset that average Canadians who take

part in law-abiding protests to make their views known to the government or some other agency would not be a concern here or to CSIS. I would ask the opposition members to make it clear. Which part of the civil liberties of average, law-abiding Canadians would be intervened upon and restricted by this bill? The opposition members come up with scenarios that are not very clear.

What is very clear is that this bill is intended to give the RCMP and CSIS the tools they need to keep Canadians safe from terrorists, those terrorists who wish to do us harm here on Canadian soil or possibly have put together plots in other parts of the world to hurt Canadians here. That is exactly what this bill would do. It is why most Canadians support this bill and that is why we will be voting for this bill. [ Translation ] Mrs. Anne-Marie Day (Charlesbourg—Haute-Saint-Charles, NDP) : Mr.

Speaker, what really scares me about this bill is the extent to which it can restrict people's rights in the name of security. We recently saw what can happen. On October 22, life in Parliament completely changed because of an individual who probably suffered from a mental health problem. We must act to ensure that the government does not restrict MPs' rights. During the October crisis in Quebec, we also saw the Liberals put in place war measures because of possibly 30 to 35 people who were making threats. It is a disproportionate reaction. I am very scared. Canadians are scared.

People in my riding of Charlesbourg—Haute-Saint-Charles are afraid that the reactions will be excessive. Can the member reassure us about that? [ English ] Hon. Tim Uppal : Mr. Speaker, I think the concern is that the NDP continuously talks about not being able to do two things. We believe that it is important to have security to protect our freedoms, and the NDP just does not. I would ask the member to maybe sit down with those constituents who are concerned and talk about the fact that we would be criminalizing the advocacy or promotion of terrorism offences.

Why does the member not agree to counter terrorism recruitment by giving our courts the authority to order the removal of terrorist propaganda online? How could she be against enhancing the power of CSIS to address threats to the security of Canadians, while ensuring that the courts have oversight, or of providing law-enforcement agencies with an enhanced ability to disrupt terrorism offences and terrorist activity? When I speak to Canadians, they cannot understand why CSIS does not have the power now to disrupt possible terrorist attacks. The bill would allow CSIS to do that.

The bill would give the RCMP, CSIS, and other security agencies across the country the tools they need to keep Canadians safe. I would encourage the member to speak to her constituents. If she explains this properly to them, how could they be against something like that? If they read over the bill, they would end up supporting it.

(1200) Mr. Corneliu Chisu (Pickering—Scarborough East, CPC) : Mr. Speaker, I am proud to rise in this House today to support the anti-terrorism act, 2015, because the international jihadist movement has declared war on Canada. From the time I fought in Afghanistan as a military engineer in the Canadian Armed Forces in 2007, a lot of things changed on the international scene, with an increase in terrorist attacks against our civilization and freedoms. Canadians are being targeted by these terrorists simply because these terrorists hate our society and the values it represents. Jihadi terrorism is not a human right. It is

an act of war. This is why our government has put forward the measures we are discussing today to protect Canadians from these terrorists who seek to destroy the very principles that make Canada the best country in the world in which to live. That is also why Canada is not sitting on the sidelines, as some would have us do, and is instead joining our allies in supporting the international coalition in the fight against ISIS. I am very proud to stand in this place to support this historic legislation. Our government has already increased the resources available to our police forces by one-third.

The Liberals and the NDP voted against those increases each step of the way. Economic action plan 2015 would further increase the resources to CSIS, the RCMP, and CBSA by almost $300 million to bolster our front-line efforts to counter terrorism. Our government will continue to ensure that our police forces have the resources they need to keep Canadians safe.

Tom Quiggin, of the Terrorism and Security Experts of Canada Network, said that Canada has a series of deep networks whose aim is to create further extremism in Canada by recruiting young Canadians overseas to die in places like the so-called Islamic State of Iraq and Syria, Somalia, and elsewhere. These networks have been set up by the Muslim Brotherhood. He said that confronting these extremist networks in Canada will be the work of a generation and that budgetary support for the RCMP, CSIS, and CBSA is a positive step in the right direction, Canadians are speaking loud and clear.

They know that our Conservative government, led by the Prime Minister , is on the right track to protect Canadians from the threat posed by the so-called Islamic State. I would like to focus my comments on the first part of the bill, the security of Canada information sharing act. Knowledge is power, as the old saying goes. In this day and age, the government has a lot of information about a wide swath of activities of the people of Canada.

While some may argue that a succession of Liberal prime ministers expanded the size, scope, and reach of government far too intimately into the lives of Canadians, that is a question for a different day. The fact of the matter is that whether it is an examination of tax records, information obtained by officers at the border, or things observed by consular officials, there is a great deal of information under the control of the Government of Canada that could be relevant to national security investigations.

Shockingly, right now it is prohibited for agencies of the Government of Canada to share most information with their counterparts in the national security field. Let me give members an example given by the Commissioner of the RCMP. An individual who has travelled abroad to engage in terrorism arrives at a Canadian embassy to seek consular assistance. The individual in question has recent bullet wounds and clearly looks as if he has been engaged in fighting. The individual asks for Canadian travel documents so he can return home immediately.

The embassy employee is prohibited from passing on their concerns that this individual may be involved in terrorism to the RCMP. They have to orchestrate a chance meeting with their RCMP liaison officer in the hallway so that they can become aware of the risk posed by this individual. It is completely ridiculous that the right hand of government cannot know what the left hand is doing. This is why I am pleased to support the bill. Some, particularly members of the NDP, will tell us that this legislation would go too far.

It would cause information to be given to CSIS regarding peaceful and legitimate dissent, and ordinary people would find themselves accused of being terrorists. To that I respond with a question. How?

(1205) As I read the bill, it in no way targets protesters. In fact, it prohibits the sharing of information regarding protest or dissent. Further, even if somehow a peaceful protest spontaneously turned into a threat to national security, I fail to see what possible information the government could be sharing that would cause such great offence. What seems to be happening here is that the New Democrats' continuing talking points about civil liberties are a fig leaf to hide their real agenda. They are simply opposed to any measure at all to increase national security. We do not have to look far to see this.

Every time our government brings forward new financial resources for security, they vote against it. They voted against the Protection of Canada from Terrorists Act. They even voted against making it a criminal offence to travel overseas for the purpose of engaging in terrorism. I hate to say it, but I believe this stems from the fundamental NDP left-wing ideology. The NDP member for Pontiac was previously a candidate for the Communist Party of Canada, and part of his platform was the repeal of all national security laws, including the no-fly list.

This is absolutely preposterous, but it does explain their opposition to the common-sense measures before us today. Let us listen to what credible Canadians are saying about the bill. Ms. Raheel Raza, president of the Council for Muslims Facing Tomorrow, said that this legislation is important to combat radicalization and that we need better tools to track jihadis who travel overseas. She said: ...unfortunately we are living in a post-9/11 world, and times are such that personal information needs to be shared. That's the reality and I don't have a problem with it....

Again, the larger picture is that of the security and safety of Canada. Tahir Gora, of the Canadian Thinkers Forum, said: The government's proposed Bill C-51, when passed by Parliament, shall help Canadian Muslims to curb ex2tremist elements Canadian experts support this important legislation. I will vote in favour of this legislation, and I encourage all my hon. colleagues to do the same. Mr. Charlie Angus (Timmins—James Bay, NDP) : Mr. Speaker, I think we should put that on YouTube to show the idiocy of the Conservative Party position on that.

We are told that the willingness to defend the charter of rights, which is a fundamental of our country, and I do not know if my colleague has ever read the charter of rights, stems from a leftist ideology that he says comes from the Communist Party. I would say that sounds moronic, but I know that might not be parliamentary. However, it shows the level of ignorance the government will go to to attack people who are not afraid to stand up for basic civil rights in this country. I notice the government has had zero money in four years to deal with deradicalization. There has been nothing.

There is no money to go after terrorist financing, yet it will go after charities. The Conservatives have consistently attacked charities. Why do they go after charities? It is for the same reason they are going after New Democrats. They say that charities that stand up for the environment are some kind of foreign radical threat. This is an attack on civil liberties, and that man should be the poster boy for it. The Acting Speaker (Mr.

Barry Devolin) : Before I go to the hon. member, I just remind all hon. members to maintain not only the letter of the parliamentary rules but the spirit of them as well in terms of debate in this place. The hon. member for Pickering--Scarborough East.

(1210) Mr. Corneliu Chisu : Mr. Speaker, I thank my hon. colleague, even though he is not listening and he is leaving the chamber. The Acting Speaker (Mr. Barry Devolin) : Order, please. Members are not allowed to state whether another member is in or out of the chamber. In this case, I would go back to the hon. member for Pickering--Scarborough East. Mr. Corneliu Chisu : Mr. Speaker, I did not hear any question from the member regarding the bill. He made preposterous allegations against the bill and against Canadians who are working in the police, the RCMP, and CSIS.

They have an allegiance to respect the laws of this country. This member was implying that these members will somehow not respect the charter of rights. Regarding the fact that the NDP voted against any measures regarding the security of Canadians, I do not have another way to say it except to encourage the members to vote this time for the security of Canadians. Ms. Roxanne James (Parliamentary Secretary to the Minister of Public Safety and Emergency Preparedness, CPC) : Mr.

Speaker, I can tell you why the NDP did not have a question about the statement he just made, and it is because the NDP has not read the bill. It has been very clear since Bill C-51 was first introduced that there has been a lot of misinformation pushed out by the NDP, whether it is intentional or whether it is because of a complete lack of understanding. It is also interesting that yesterday one of the members of the NDP actually referred to the two terrorist attacks that took place in Canada back in October as very unfortunate incidents.

New Democrats simply cannot come to terms with the term “terrorism” quite yet. I would like to thank my hon. colleague for his commitment to keep Canadians safe. I would like to ask him how dangerous it would be if Canadians actually listened to the rhetoric from the opposition party instead of the credible witnesses that we brought to committee who had more than 30 years of experience in law enforcement and security intelligence and also those who have been studying terrorism for more than 10 years. Mr. Corneliu Chisu : Mr. Speaker, I want to outline a few of things that this bill would do.

It would allow Passport Canada to share information of potential terrorist travellers with the RCMP. It would stop known radicalized individuals from boarding planes bound for terrorist conflict zones. It would criminalize the promotion of terrorism in general. For example, statements like “kill all the infidels wherever they are” would become illegal. It would allow CSIS agents to speak to the parents of radicalized youth in order to disrupt terrorist travel plans.

It would give the government an appeal mechanism to stop information from being released in security certificate proceedings if it could harm a source. All of these elements are opposed by the NDP. Mr. Nathan Cullen (Skeena—Bulkley Valley, NDP) : Mr. Speaker, I will be splitting my time with the member for Beaches—East York . I would say that it is a pleasure to rise to speak to Bill C-51 were it not for the contents of this bill and the direction in which the government is taking us in such a worrisome fashion.

Let me pre-empt my comments by confirming that the primary role of government is to keep its citizenry safe from threats, both domestic and foreign. Those are threats that can be borne out by groups. They can also be threats to our liberties and security borne out by a government itself that no longer has the ability to maintain any semblance of balance and understanding of what it is to live in a free and fair democracy.

The Conservatives were so concerned about privacy and freedoms that they cancelled the long form census because it was such an intrusion on the privacy and rights of Canadians, yet they are now embedding in Bill C-51 the right of the state to have warrantless search and seizure powers without any oversight from a judge. Consider that for a moment.

The Conservatives did not want the government knowing how many bathrooms Canadians have in their homes, but now they say that they want to legitimize and legalize the act of a warrantless search not only on homes, but on people's emails and phone conversations in their very private lives. There was no extension of power granted of oversight to the public or to any oversight body at all when handing out these extraordinary powers to the spy agency of Canada. The Conservatives have made no case whatsoever of the need for this bill.

They have not been able to cite an incident where a terrorist activity took place but would have been prevented had this bill been in place. In fact, there have been a number of arrests in Canada over the last number of years involving potential terrorist threats well before they even happened, yet the Conservatives say that they need to hand CSIS these broad powers. If it is not for legitimate security reasons, then what is it for? One does not have to go too far back into the Conservative history to realize that the Conservatives do have an agenda here.

The Conservatives time and time again have shown who their enemies are. We all recall the famous enemies list. The Prime Minister's Office called it the list of friends and enemy stakeholders, back in 2013. This was a memo from the Office of the Prime Minister of Canada asking government officials to compile a list of stakeholders who were friends and stakeholders who were enemies, in their words.

Fast forward to the then natural resources minister, now the Minister of Finance , who, in attacking opponents of his pipeline dreams in northern British Columbia, said that opponents were foreign-funded radicals and enemies of the state. Take those two comments for what they are, that people are enemies of the state for opposing an industrial project, a pipeline that is highly controversial and in fact opposed by two-thirds of British Columbians. Is that what enemies of the state have become?

Are they anybody who happens to have an opinion and anyone who happens to have the audacity to be against a government's policy or industrial proposal which, by the way, threatens our very way of life in northern British Columbia? There are three points of this bill that are most worrisome. First of all, the definition of terrorism has been vastly expanded to include things like economic interests and countering government policy.

If the net is cast so broadly to include anything as a terrorist activity that happens to contravene something that the government of the day wants to push forward, we have to ask ourselves what type of country we are living in and what type of country is imagined by the Conservatives. The second point is something that has already been struck down in court from a previous bill that tried to counteract money laundering and terrorism, but here the Conservatives go again with warrantless search and seizure.

The ability to go in without a warrant and conduct searches was struck down recently by the Supreme Court, but here the Conservatives go again, trying it again. At the foundation of what this democracy and any free and right-thinking democracy stands for is that the state simply cannot, without the purview of a judge and without rational and proper discourse, go in and interfere with the private lives of Canadians.

(1215) The last point is an important one. The level of oversight is already so weak that we have heard from commission after commission looking into the Air India bombing, for example, that oversight needs to be improved. What have the Conservatives done? They have expanded powers but they have not improved any oversight. After some tragic events in my riding, one involving Ian Bush, a young man who when interacting with the RCMP in a confrontation was killed, the Bush family and many right-thinking British Columbians fought for years to bring more public oversight to the RCMP.

The Conservatives rallied against this saying that public oversight of our police forces was unnecessary and that we were somehow demeaning security and police forces by even asking for it. Lo and behold, British Columbia was able to bring in public oversight of the RCMP just as police oversight has been brought in in Alberta and Ontario. The United States is finally contemplating the very same thing. With extraordinary power comes extraordinary responsibility and it is right for the public to ask for some level and measure of oversight.

We see in this bill that if the lawyers for CSIS, the spy agency itself, determine that CSIS may contravene our charter or interfere with people's civil liberties by some action it is undertaking, such as spying on them, tapping their phone or breaking into their email accounts, then under this law CSIS may go to a judge and seek a warrant. Some would say that is enough for oversight, but the judge never sees CSIS again, and off it goes on its merry way. Did CSIS expand its search and investigation of Canadians or go beyond? The judge and the public would never know because Parliament has no oversight capacity.

We have implored the government through dozens of amendments to take on some of these basic and reasonable requests. Of the 48 witnesses who appeared before the committee, many of them called by the Conservatives, 43 said that this bill is flawed and needs major fixes. Many witnesses, experts in matters of security and civil rights, said that the bill had to be scrapped entirely. Former Supreme Court judges, former prime ministers, both Liberal and Conservative, called this bill what it is, which is an affront to basic Canadian values.

For me, as someone who has great faith and pride in the Charter of Rights and Freedoms, to see the impact on those rights and freedoms proposed by this bill, with little to no justification at all, is incredibly worrisome. We would think with all of the terrorist threats and certainly with all of the rhetoric we hear from the Conservatives that going after money laundering and terrorist financing would have been the first order of the Conservative government. In the last four years we have not seen any increase in CRA's budget to do just that, to go after money laundering and terrorist financing.

There has been nothing, no increase at all. However, there has been an increase in Canada Revenue Agency's budget to go after charities, birdwatchers, environmental groups, first nations groups, anybody who had the audacity to suggest an opinion that was different from that of the government, who had the audacity to suggest that they disagreed with some Conservative policy or another.

Here we are with a government that claims to have the security interests of Canadians, yet so often and so consistently it disregards our civil liberties, our rights and freedoms, and infringes on the values that Canadians so cherish. Coming from the northwest of B.C., I will suggest this. The Conservatives have managed to pull off some rare feat. They have managed to bring gun owners, environmental groups, first nations, loggers, and groups from across the political spectrum in my part of the world to come to a place of agreement in their opposition to this bill.

It is a rare feat in politics to bring so many different divergent groups together in unity in opposition to an idea. That idea is expressed in Bill C-51 . It is an idea that is abhorrent to Canadian values, is contrary to the Charter of Rights and Freedoms, and is contrary to any sound policy-making. If the intention is to protect Canadians, let us protect Canadians from true threats to our security and from threats by a government that wishes to abuse its powers.

(1220) Ms. Roxanne James (Parliamentary Secretary to the Minister of Public Safety and Emergency Preparedness, CPC) : Mr. Speaker, once again, that speech proves that NDP members have either not fully understood the bill, perhaps did not read it, or they are intentionally misleading Canadians. When I hear such things, that the bill contains the ability for CSIS to conduct warrantless searches and seizures, it is absolutely ridiculous. Actually, right in the bill, there is a requirement that CSIS would have to obtain a warrant. In fact, we heard from many witnesses on this particular issue.

One of them was Ray Boisvert, who is the former assistant director of CSIS. He talked extensively on the warrant process, and that it is one of the most onerous warrant processes of any of its kind. He also went on to say that, “My sense from reading the legislation is that those safeguards are protected and are further enhanced.” Once again, we have a situation where NDP members are perhaps woefully misleading Canadians, whether it is intentional or because they just simply have not read the bill.

I would like to ask the member specifically if he could point to the page, the clause and the sentence so that Canadians can actually reference this bill and see exactly where he is misleading Canadians.

(1225) Mr. Nathan Cullen : Mr. Speaker, of course, to suggest an hon. member would mislead Canadians is contrary to the rules of this place. We look through the bill and we find numerous instances in which the requirement of CSIS to seek a warrant is at the discretion of CSIS. My friend says, do not worry, the spy agency in all matters will seek out a warrant before it infringes upon the rights of Canadians. Who is going to determine that? Not Parliament, not a judge, but CSIS would determine it first.

CSIS may wonder if they would break anyone's rights, maybe, maybe not, but if CSIS determines it, then CSIS goes ahead. I do not know what happened to the Conservative Party. I remember there used to be a certain libertarian streak within the party that thought about the sanctity of individual rights and freedoms. Privacy was an important thing for Conservatives. I remember that was their main argument on the gun registry. It was certainly their argument on cancelling the long form census, which was an idiotic move that was condemned on all levels and across the political spectrum.

Privacy was paramount to the Conservatives, yet without any justification, any proof that there are certain threats that would require this type of extension of government powers over Canadians, this type of intrusion into our private lives, we have a government that says if we oppose its policy one is an enemy of the state. Those are not our words. Those are the words of the current Minister of Finance . Well, a+b=c in this case, and it is clear where the Conservative agenda is. Conservatives are spending more money going after charities than they are terrorists.

One wonders what the true agenda of the Conservative Party is in this matter. [ Translation ] Ms. Christine Moore (Abitibi—Témiscamingue, NDP) : Mr. Speaker, I am concerned that the Conservatives are misleading Canadians by claiming that it is crucial to pass Bill C-51 . The measures adopted after the 2001 legislation were only used after the events in October. Recently, there have been more arrests of people who repres

Document details

CollectionHouse of Commons Debates
Citation2015-05-05 / Sitting 207 / 41-2 / E
Typehansard
Volume / chapterNo. 207
Languageen
Formatxml
SourceHANSARD_HOC
Identifier528c90243731137959bf911189deba04e7458e86

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